Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-10-16
DR.. JETER'S ESTATE
PROFESSOR PURYEAR APPOINTED AD-
MIEIsrRAToR DE DoaIs E0E.
Opinion OF the Judge Of the Chanesry
Court in Reference to the
Position.

A friendly contest was begun in the
Chancery Court several days ago to de-
termine who should be appointed adj
ministrator dc bonis non upon the es-
tate of Rev. DR.. J. b. Jeter.
HISTORY OF THE CASE.
Soon after his death his wife, Mrs
Mary G. deter, qualified as eXecutrlx,
and continued to discharge the duties
until few weeks ago, when she died,
leaving a will 10y which she disposed OF
her. property, including the third OF
DR.. letters estate, over which she had
control under his will, and appointed
as her executor Professor Bennett Pur-
wear, who duly qualified as such.
Now J. y. Woodward, who married
Bessie Bradley Jeter, and whose vile
died during her mothers life, leaving
en- infant as the issue Of the union,
claims that under the will his wife
share of the personally passed to this
child.
THE POINT INVOLVED.
Judge Holiday, in his opinion, goes
on to say:
This being the condition of affairs
the Court is asked 10y Miss Emily
Brown, DR.. A. L. Dickinson (as assignee
of Philip s. Joter), and the bench
Charles under the will of Mrs. Jeter to
grant administration upon the estate OF
DIR. letter to DIR. Bennett Puryear.
MIR. Woodward in behalf of his child
objects 10 DIR. Puryear on the ground
that debt is believed by him to be
due from the estate of Mrs. Jeter to
the estate of DR.. Jeter, and he insists
that Dr. Puryear's position as executor
of Mrs. Jeter disqualities him from
holding the position OF administrator
with the will of DR.. Jeter.
THE HEIRS.
Furthermore. he insists that admin
istration Shall he granted to the heirs
of j. Il. Woodward, and DR.. 7. >.
Jeter expresses a preference for this
appointment.
OPINION.
The Court says il believes that whore there Ia
no material objection ON one hand or reason
for preference on the other the Court, in IL
discretion, puts the administration into the
| hands Of the person with whom the majority OF
| Interests are dosiIous Of intIusting the estate
EQUAL.
In point Of business capacity and integrity
DIR. Puryear and MIR. Woodward stand upon the
same footing, and they are equally entitod e
tho respect and consideration OF the Court
The appointmeat Of Mr.. Woodward Is asked
by those representing I'm round numbers one
third-possibly a little moro-of DIR. Jeter'
personal estate. and the appointment OF Dr
Puryear Is asked by those representing nearly
two thirds Of hi. personal estate.
II therefore follows that Professor Puryeei
must be appointed unless the position ofexecu
tor Of Mrs. deter and. administrator OF Dr. de-
ter are Incompatible.
CUSTOM.
Tthas been n matter OF constant occurrence
in this court that the same person, on tho mo
ton OF the parties interested, IL appointed per
sonal representative of deceased parties or rel
ativcs having unsettled accounts or claims Il
be determined, and no harm has been found u
result from this practice.
Dr. Puryear has no personal interest II
either estate. and see no reason why ne can
not do exact Justice between them. 80 far IRON
his being disqualified TO act in tho promises, !
seems 10 me mat the two estates are so init
mately connected as 10 make II cnlinently de
sirable on the score OF economy aud "A speeil
administration, that they shall he settled NJ
and distributed by the same person.
TpOn mature consideration Of the whole cas-
and the arguments Of the learned counsel WIN
represent the respective parties and INC an
fbCrlties cited am Of opinion that the admin
isuatiOn should be granted 10 professor FUR
year, and will so order.